Texas surrogacy case raises abortion dispute over who decides treatment for an unborn child
The case of surrogate McKenna West has ties to California, Alaska and now Texas.
The intended parents live in California. West, who is from Alaska, came to Texas seeking protection.
The case caught the attention of Texas Attorney General Ken Paxton, who requested UT Southwestern and Children's Medical Center of Dallas provide care when the child, known as baby Gabriel, is born. The child was diagnosed with hypoplastic left heart syndrome.
What is hypoplastic left heart syndrome?
According to the Mayo Clinic, it's a rare heart defect where the left side of the heart is underdeveloped. Children born with this condition need immediate surgery to avoid heart failure, or they could die. However, even after receiving the care needed, the child may still face health challenges later in life.
Paxton' secures emergency court order
According to Paxton's office, the intended parents allegedly requested West get an abortion after learning about the condition. West was about 20 weeks pregnant at the time. Paxton's office said West also sought to ensure that Gabriel could be near doctors experienced in treating his condition.
"The intended parents have refused to agree that they will consent to the life-saving surgery upon birth and may attempt to transport the child out of Texas to prevent treatment from being administered," a statement from Paxton's office reads.
Paxton's asked the Dallas district court to stop Gabriel's removal from the state. According to the AG's office, once a child is born in Texas, they are protected under state law.
"Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care," said Paxton. "My office will use every tool available to protect innocent lives and ensure that every child receives the care required under Texas law."
On Tuesday, the court ordered that life-saving medical care be provided upon baby Gabriel's birth and not be delayed.
The order prevents anyone from withholding or obstructing necessary treatment or removing, discharging, or transferring the child while the court considers the case.
Paxton's officer said that, according to the court's order, the hospital and treating physicians must immediately notify the court and all involved parties of the child's birth, initial medical assessment, any refusal of consent to medically indicated treatment, and any request to discharge, transfer, or transport the child.
The court order says that Texas law governs the child's parentage, the child's protection, and medical decision-making for the child. The Alaska choice-of-law provision of the parties' gestational agreement does not apply to those questions.
The court's order reads, in part:
"The relief ordered below concerns the child's care and protection only from the moment of the child's live birth. Nothing in this Order adjudicates the rights of, or directs medical 1care for, an unborn child, and nothing in this Order limits the right of the woman who will give birth to the child to make decisions to safeguard her own health or the health of the pregnancy."
"If medically indicated treatment is refused, the court will hold an emergency hearing to determine whether intervention is warranted under Texas and federal law and to protect the child's life," a statement from Paxton's office reads.
The court's order includes the appointment of a guardian ad litem. That individual is not listed as a defendant or plaintiff in the suit. The suit is still pending.
